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PENSION REGULATIONS — © copré — March 2014


PENSION REGULATIONS 2012

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CONTENTS I

General provisions Art. 1 Art. 2  Art. 3  Art. 4  Art. 5  Art. 6  Art. 7  Art. 8  Art. 9  Art. 10  Art. 11  Art. 12 

II

4

Purpose ............................................................................................................................................... 4 Pension Fund .................................................................................................................................... 4  Contents of the pension regulations ....................................................................................... 4  Age ....................................................................................................................................................... 4  Normal age of retirement ............................................................................................................ 4  Obligation to be insured .............................................................................................................. 4  Salaried staff not subject to obligatory insurance and voluntary insurance ............ 6  Commencement and cessation of the insurance................................................................ 7  Obligation to inform ...................................................................................................................... 7  Obligations of employers to inform ......................................................................................... 8  Information provided to the Insured Persons ...................................................................... 8  Entry benefit ..................................................................................................................................... 9 

Provisions relative to the salary

9

Art. 13 Art. 14  Art. 15  Art. 16 

Pensionable salary .......................................................................................................................... 9 Insured salary ................................................................................................................................. 10  Maintenance of the pension at the level of the last insured salary ............................ 10  Special features ............................................................................................................................. 10 

III Benefits

11

Art. 17 Art. 18 

Summary of the benefits ..............................................................................................................11 Retirement assets ...........................................................................................................................11 

A. Retirement Art. 19  Art. 20  Art. 21  Art. 22 

benefits .................................................................................................................................... 12 Retirement pension .......................................................................................................................12  Deferred retirement ......................................................................................................................13  Partial retirement ...........................................................................................................................13  Pension for the child of a retired person ............................................................................. 14 

B. Disability benefits ........................................................................................................................................ 14  Art. 23  Disability pension .......................................................................................................................... 14  Art. 24  Pension for the child of a disabled person ...........................................................................15  Art. 25  Exemption from payment of contributions ........................................................................ 16  C.  Benefits in the event of death .................................................................................................................. 16  Art. 26  Pension of surviving spouse and registered partnership .............................................. 16  Art. 27  Pension of live-in companion ................................................................................................... 16  Art. 28  Amount of the pensions of the surviving spouse ..............................................................17  Art. 29  Reduction and termination of the pensions of the surviving spouse ........................17  Art. 30  Right of the divorced surviving spouse................................................................................ 18  Art. 31  Orphan pensions ........................................................................................................................... 18  Art. 32  Death benefits ................................................................................................................................ 18  D.  General provisions applying to benefits ............................................................................................... 19  Art. 33  Guarantee Fund ............................................................................................................................. 19  Art. 34  Adaptation to price evolution .................................................................................................. 19  Art. 35  Relations with other insurances .............................................................................................. 19  Art. 36  Provisions for reduction and coordination......................................................................... 20  Art. 37  Duty to notify and return what is not due ............................................................................21  Art. 38  Payment of the pensions ............................................................................................................21  Art. 39  Lump sum benefits ........................................................................................................................21 


PENSION REGULATIONS 2012

IV Termination of working relationships Art. 40  Art. 41  Art. 42  Art. 43  Art. 44 

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Organs of the Foundation ........................................................................................................ 26 Auditing body ............................................................................................................................... 26  Expert on occupational pensions .......................................................................................... 26 

VII Final provisions Art. 51  Art. 52  Art. 53  Art. 54  Art. 55  Art. 56  Art. 57  Art. 58  Art. 59  Art. 60  Art. 61  Art. 62  Art. 63  Art. 64  Art. 65 

23

Obligation to pay the contributions ......................................................................................23 Amount of the contributions ................................................................................................... 24  Buy-ins ..............................................................................................................................................25 

VI Organisation of the Foundation, and control Art. 48  Art. 49  Art. 50 

22

Right to an exit benefit ...............................................................................................................22 Amount of the exit benefit ........................................................................................................22  Maintenance of the pension ......................................................................................................23  Payment in cash ............................................................................................................................23  Extension of the insurance cover ...........................................................................................23 

V Contributions Art. 45  Art. 46  Art. 47 

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26

Liquidation ...................................................................................................................................... 26 Stabilisation measures ................................................................................................................27  Encouragement of home ownership .....................................................................................27  Assignment and pledging ......................................................................................................... 28  Compensation ............................................................................................................................... 28  Divorce or legal dissolution of a registered partnership .............................................. 28  Utilisation of surpluses and profits ........................................................................................ 28  Transfer of pensioners ............................................................................................................... 28  Place of execution ....................................................................................................................... 28  Obligation of discretion – Management and protection of data ............................... 29  Place of jurisdiction ..................................................................................................................... 29  Adaptations of the regulations ............................................................................................... 29  Deficiencies in the regulations ................................................................................................ 29  Versions ........................................................................................................................................... 29  Entry into force ............................................................................................................................. 29 

ATTACHMENT 1 AVS-BRIDGE ................................................................................................................................ 30 ATTACHMENT 2 CONVERSION RATES ......................................................................................................................31 


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I

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GENERAL PROVISIONS Art. 1

Purpose

1.

Upon joining the “La Collective de prévoyance – Copré” (hereinafter: “the Foundation”), a collective foundation established under private law, affiliated employers and independents shall have as their objective the protection of their salaried staff and/or themselves against the economic consequences of a loss of earnings through old age, death or disablement.

2.

Employers may be admitted to the Foundation, within the scope of the legal provisions, under conditions identical to those of their salaried staff. Independents may, if they so request, join in a voluntary capacity, together with their staff.

3.

Membership of the Foundation takes place on the basis of a membership agreement which governs the rights and obligations of the employers. The agreement is binding for the coverage of persons unable to work or pensioners, if this is accepted.

4.

The Foundation shall be recorded in the Register of Occupational Pensions. It shall be subject to the competent Surveillance Authority of the Foundations and Pension Institutions of the place where it has its head office.

Art. 2

Pension Fund

The Foundation shall administer a pension fund for each company with which it has concluded a membership agreement. Art. 3

Contents of the pension regulations

1.

The present regulations govern the rights and obligations of the Foundation, the Insured Persons, the employers and the beneficiaries. The type and amount of the benefits as well as their financing shall be determined in a pension plan drawn up for each company. The Insured Persons may be divided into categories. The categories are defined in the pension plan. Membership of a category shall be determined on the basis of objective and non-discriminatory criteria. The definition of the aforesaid category must enable the affiliation of several Insured Persons. A selfemployed person may not at any time be the sole person insured.

2.

The organisation of the Foundation, its methods of election, the competence of its organs and the investment of assets shall be the subject of the statutes and regulations specially enacted for this purpose.

Art. 4

Age

The determining age for admission, for the amount of the contributions and retirement bonuses, and for calculating the minimum amount in the case of vested benefit, shall result from the difference between the current calendar year and the year of birth. Art. 5

Normal age of retirement

The normal retirement age shall be reached on the first day of the month following that during which the Insured Person attained the legal retirement age in accordance with the Federal Law on the Occupational Old-age, Survivors’ and Disability Benefit Plan (LOB), or from the age mentioned in the pension plan if that is different. Early retirement is possible from the first month following the attainment of the age of 58. Deferred retirement is possible up to the age of 70, subject to the agreement of the employer, according to the provisions of Art.20. Art. 6

Obligation to be insured


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1.

All salaried staff shall be admitted to the Foundation from the 1st of January following the date at which they reached 17 years of age and receiving an annual salary from the employer exceeding the amount resulting from Art. 2 para. 1 and 7 LOB, or the amount determined in the pension plan.

2.

The male and female salaried staff admitted to the Foundation shall hereinafter be designated as “the Insured”.

3.

The occupational pension cover is definitive and without reservation for the minimum benefits provided for by the LOB, the benefits acquired with the capital contribution of the vested benefit, provided that they have been insured without reserve by the previous pension institution.

4.

With respect to the other benefits, the insurance cover is only definitive and without reservation if the person insured was fully capable of earning at the beginning of the insurance and where the statutory insurance benefits do not exceed the limits set by the Foundation or the reinsurer. Otherwise the Foundation grants a provisional cover limited to the LOB minimum.

5.

Those considered as not fully capable of earning are the insured person who at the beginning of the insurance cannot perform his/her work fully or partially for medical reasons, draws a daily allowance as a result of an illness or accident, is registered with a state disability insurance, draws a full or partial disability pension, or for health reasons can no longer fully perform work corresponding to his training and capacities.

6.

When an Insured Person exhibits a partial lack of earning ability upon his admission to the Foundation – even without being partially disabled in accordance with the Federal disablement insurance (DI) – and when the cause of this lack of earning capacity results in disability or death, the right to the benefits arising from the present regulations shall be limited to those due by virtue of the minimum LOB.

7.

The Foundation may make acceptance, reduction of or exclusion from the benefits that exceed the legal obligations conditional upon the result of a medical examination. In this case it shall grant a provisional cover limited to the minimum LOB. After receiving the medical report, it shall decide on the definitive cover with or without reservation. The duration of a reservation shall not however exceed five years. As a general rule, the Foundation follows the decisions of possible reinsurers. Exclusion from cover implies the definitive cancellation of the disability and survivors’ benefits of the non-compulsory insurance.

8.

The Foundation shall give a ruling at the latest within six months following receipt of the questionnaire or the medical examination. If reservations are imposed, they shall be communicated to the interested party in writing.

9.

If the Insured Person has failed to reply or replied inaccurately to the questions asked, or if it is established that the medical questionnaire and/or the medical certificate submitted to the Foundation is inexact or incomplete, the Foundation may abandon the pension insurance contract and definitively refuse to pay the part of the disability or death benefits arising from the extended occupational pension insurance. The Foundation shall inform the Insured Person of its decision within 6 months of the time it becomes aware with certainty of the omission or concealment.

10.

If an Insured Person becomes disabled or dies before the Foundation has pronounced judgement, the Foundation shall pay the Insured Person or his beneficiaries at least the benefits resulting from the application of the LOB and the contributed entry benefit.

11.

No new health reservation shall be applied for the parts of benefits acquired by means of vested benefits.

12.

Some reservations applied on the state of health by former pension institutions may be reapplied. They shall be valid for a maximum period of five years counting from the date of their notification to the Insured Person by the former pension institution.


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13.

In the event of the occurrence, during its term of validity, of the risk attached to the declared reservation, the benefits are reduced definitively in the amount of the pension purchased through the exit benefit contributed, and failing this, in the amount of the compulsory minimum according to the LOB.

14.

The provisions of paragraphs 3 to 11 above shall apply by analogy at the time of an increase in the salary insured or of a change of plan. In this case, the acceptance of cover shall only concern the difference between the new and former benefits.

Art. 7 1.

Salaried staff not subject to obligatory insurance and voluntary insurance

Not admitted to the Foundation are: 

salaried staff who have reached or exceeded ordinary retirement age (apart from the exception mentioned in art. 20);

persons whose employer is not subject to the obligation of contributing to the AVS;

salaried staff engaged for a limited period not exceeding three months. However, salaried staff whose hiring period or mission is limited are subject to compulsory insurance when: o the working relationship is extended beyond three months without there being any interruption of the said relationship: in this case the employee is subject to compulsory insurance from the time the extension is agreed; o several hiring periods with the same employer or missions on behalf of the same service agency last in total more than three months and no interruption exceeds three months: in this case, the employee is subject to compulsory insurance from the beginning of the fourth month of work; when it has been agreed, before the commencement of the work, that the employee is hired for a total period exceeding three months, the obligation to be insured begins at the same time as the working relationship.

2.

salaried staff performing an ancillary activity with the affiliated company, if they are already subject to obligatory insurance for a paid full-time occupation or if they are carrying out an independent paid activity as a full-time occupation;

salaried staff who are disabled as per the definition of the Federal disability insurance (DI) at a level of at least 70%;

salaried staff without an activity in Switzerland or whose activity in Switzerland is probably not of a durable nature, and who benefit from sufficient provident measures abroad (on condition that they justify their request for exemption from admission to the Foundation).

The Foundation does not provide voluntary insurance according to Art. 46 LOB. The Foundation provides voluntary insurance in accordance with Art. 47 LOB for Insured Persons who leave obligatory occupational insurance because they are going to work, for a limited period, for a foreign company, which is economically linked to the employer. They may choose to maintain the whole of their occupational insurance, or just their retirement insurance. Insured Persons who wish to benefit from this external insurance must obtain the agreement of the employer and notify their request one month before the date at which they will leave the occupational insurance. They must submit a copy of their new employment contract and indicate the country/countries in which they are going to work and reside. The insurance shall commence from the day following the exit from the obligatory occupational insurance, but at the earliest from the moment at which their request was accepted.


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The Foundation reserves the right to refuse or limit the risk cover in the event of disability and death. The Foundation shall give a ruling at the latest within the six months following the application. The Swiss employer shall be responsible for the payment of the contributions. The insurance shall cease from the moment that the contributions are no longer paid, when the working relationships with the company abroad cease for a reason other than death, disability and retirement, when the Insured Person and the Swiss employer request it, or in the event of delay in payment of the contributions and if the employer does not respect the summons delivered to it. For the rest, the provisions of the present regulations shall be applicable by analogy. Art. 8

Commencement and cessation of the insurance

1.

The insurance shall commence at the same time as the working relationships.

2.

The insurance shall cease when the minimum salary is no longer attained in a sustainable manner, or in the event of a termination of the working relationships, provided that there exists no right to benefits in the event of retirement, death, disability or inability to work.

3.

During an unpaid holiday, the insurance shall be maintained in conformity with the regulations and the pension plan for a period to be agreed, but for a maximum of two years. The employer and the Insured Person may request the Foundation, by means of a written declaration signed by both parties, that the insurance be partially (retirement benefit) or entirely (retirement benefit and risks) suspended during this period. The Foundation shall be entitled to the whole of the statutory contributions covering the continuation of the insurance relationship.

4.

If the annual OASI (Federal Old-age and Survivors’ Insurance) salary of an Insured Person falls below the amount determined in Art. 2 para. 1, LOB, without the benefits of death or disability becoming due for payment, the death and disability insurance of the Insured Person shall expire. His retirement assets shall be used in conformity with Art. 42 of the present regulations.

5.

If the annual OASI salary of an Insured Person decreases temporarily for reasons of sickness, accident, unemployment, maternity or other similar circumstances, the insured salary and the obligation to contribute shall be maintained for at least the period of legal obligation for the employer to pay the salary. The Insured Person may however request it to be reduced.

Art. 9

Obligation to inform

1.

Upon joining the pension institution, Insured Persons are required to present to the Foundation, of their own accord, the exit balance(s) of the previous pension institution(s). In addition, at the moment of joining and in the case of a subsequent increase in benefits, they are required to inform the Foundation concerning their state of health, insofar as that may be useful in estimating risks. The Foundation may require consultation by a doctor of its choice.

2.

Insured Persons must inform the Foundation about any amounts and dates of buy-ins during the last three years before joining the Foundation, and communicate to it all necessary data concerning the buy-ins carried out according to Art. 47 of the present regulations.

3.

When the Insured Person has not declared a significant risk of which he had, or should have had, knowledge, the Foundation may reduce or cancel, within the scope of the legal provisions, the statutory benefits. It shall then notify the Insured Person within a period of six months, counting from the moment that it gained knowledge of the breach of duty to inform. Art. 6, para. 5 of the present regulations shall remain reserved.


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4.

The usual legal provisions relative to concealment shall be reserved for the share of the insured benefits that exceed the legal provisions.

5.

Insured Persons are required to inform the Foundation within 30 days of changes in civil status, as well as of the commencement or cessation of a maintenance liability. Any change in level of activity or earning capacity has also to be communicated to the Foundation without delay.

6.

At the request of the Foundation, beneficiaries of pensions must present a life certificate or attestation of civil status established at their cost.

7.

Beneficiaries of disability, widow/widower or registered or live-in partner pensions are required to provide the Foundation with all information and evidence necessary to the Foundation on the whole of any incomes to be taken into account (e.g. Swiss and foreign social benefits, benefits provided by other pension funds, or income arising from a remunerated activity).

8.

Beneficiaries of child or orphan pensions who wish to assert their right to a pension beyond the age of 18 must supply periodically an attestation from the training establishment referring to the nature and duration of the training.

9.

The Foundation is entitled to suspend the payment of its benefits until it receives the information and documents required. No interest is paid for benefits where the delay in payment is caused by the beneficiary.

Art. 10

Obligations of employers to inform

1.

The employers immediately inform the Foundation of any fact likely to give rise to, modify or terminate the right to the benefits, especially the start and end of the incapacity to work and the working relationship.

2.

In particular, employers are required to provide reliable data on the salaries insured and on remuneration paid in a suitable form and within the required deadlines.

3.

The employer remits to its Insured employees the whole of the information transmitted by the Foundation and which are for their attention.

4.

Any employer who omits to transmit information or who transmits false information shall, if need be, repair the damage caused to the Foundation.

Art. 11

Information provided to the Insured Persons

1.

At least once a year, a benefits statement shall be drawn up by the Foundation for each Insured Person, on which are shown the retirement assets according to the minima defined by the LOB, the accumulated retirement assets, insured benefits, vested benefit, salary and contributions paid to the Foundation. If there is a discrepancy between the information mentioned on the benefits statement and that arising from the present regulations, the latter prevail.

2.

The Foundation shall provide regular information on the organisation, financing and members of the joint body with equal representation on its Internet site (www.copre.ch).

3.

Each Insured Person may require the Foundation to communicate to him his entire individual data, and deliver to him a copy of the annual accounts, annual report, information on the capital yield, evolution of the actuarial risk, administration expenses, principles of calculation of the capital cover, additional provisions and degree of cover.

4.

The basis of the information given to Insured Persons by the Foundation shall be constituted from the most recent report of the qualified expert in occupational retirement pensions drawn up in conformity with Art. 52e, para. 1, LOB.


PENSION REGULATIONS 2012

Art. 12

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Entry benefit

1.

The Insured Person is required to bring to the Foundation exit benefits originating from former pension or vested benefit institutions.

2.

Exit benefits contributed shall be credited to the individual account of the Insured Person.

3.

If the exit benefit is not completely absorbed, the Insured Person may use the residual amount for maintaining his pension under a different admissible form.

4.

The Insured Person may also proceed to a buy-in according to Art. 47 of the present regulations.

PROVISIONS RELATIVE TO THE SALARY Art. 13

Pensionable salary

1.

The employer shall determine the annual pensionable salary and communicate it to the Foundation on January 1st of every year or when an Insured Person joins the company. At the request of the employer, changes in salary that occur during the course of a year shall be taken into account.

2.

The pensionable annual salary corresponds to the annual salary according to the Federal law on Old-age and Survivors’ Insurance (OASI) agreed on 1st January of the year or at the start of the work contract. Salary items of an occasional nature shall not be taken into consideration, unless there are provisions to the contrary in the insurance plan. An item of an occasional nature is understood to include special premiums, extra hours, gratifications, severance pay, commissions and buy-ins financed by the employer.

3.

When an Insured Person is employed for less than a year (e.g. seasonal worker, temporary staff), his pensionable salary shall be considered to be that which he would obtain by working the whole year.

4.

For Insured Persons whose conditions of work and remuneration are irregular, the insured salary shall be determined on a lump sum basis, by agreement between the employer and the Insured Person, on the basis of the last annual OASI salary of the Insured Person. Changes already agreed at the moment of determining the salary shall be taken into consideration. When the Insured Person has carried out his activity with the employer for less than a year, the salary may also be determined on the basis of the agreed periodic salary and the average rate of activity, converted into an annual salary.

5.

The insured salary or the insured income of self-employed persons must not exceed the income subject to the OASI contribution.

6.

The insurable salary shall be limited in all cases to ten times the upper limit according to Art. 8 para. 1 LOB.

7.

If the Insured Person has several pension relationships and the sum of his salaries subject to the OASI exceeds the limit, he must inform the Foundation of all the existing pension relationships and of the insured salaries within this context.

8.

The employer is required to inform the pension institution, within 30 days of the modification, of all salaries subject to obligatory insurance, and to provide it with the necessary instructions for keeping the retirement pension accounts as well as for calculating the contributions. He must also provide the auditing body with the information it requires for carrying out its task.


PENSION REGULATIONS 2012

Art. 14

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Insured salary

The insured salary shall be defined in the pension plan. If necessary, coordination deductions as well as minimum and maximum amounts shall be adapted to the LOB provisions. When the insured salary decreases following the legal increase of the coordination deduction, the current salary remains unchanged so that the Insured Person remains subject, provided the insurance plan provides for this. Art. 15

Maintenance of the pension at the level of the last insured salary

1.

The Insured Person who has reached the age of 58 and whose pensionable salary according to article 14 decreases by half at the most may request the maintenance of the pension at the level of the last insured salary, at the latest until the normal retirement age. In the event of successive reductions, the decrease by half is calculated on the pensionable salary on the date of the first reduction.

2.

As an exception to articles 45 and 46, the contributions of the employer and the Insured Person in the context of maintaining the pension are fully financed by the Insured Person. The employer may participate in this financing on an optional basis.

3.

The increase of 4 per cent per year of age following the 20th year according to article 17 LFLP, respectively article 41 of the present regulations, is not calculated on these contributions.

4.

As long as the insured salary is maintained in the sense of paragraph 1, the Insured Person may not benefit from a partial early retirement pension.

Art. 16

Special features

1.

For the Insured Person who displays a partial lack of earning ability in accordance with the Federal Disability Insurance (DI), the limit amounts mentioned, if such is the case, in the pension plan shall be determined proportionally to the earning ability.

2.

In case of the partial disability of an Insured Person, his insurance is split into an ‘active’ part corresponding to his degree of earning capacity, and a ‘passive’ part corresponding to his degree of disability (the degree of the pension paid) in compliance with article 23, paragraph 4. The split is determined on the basis of the insured salary valid immediately before the start of the earning incapacity that caused the disability.

3.

The portion of the salary allocated to the ‘passive’ part of the insurance remains constant. For the ‘active’ part of the insurance, the revenue obtained in the context of earning capacity constitutes the reference annual salary. The same procedure applies for persons partially disabled at the time of their admission.

4.

The Insured Person employed simultaneously by several employers shall be insured, within the scope of the present regulations, for the salary received from the affiliated company.

5.

The pension plan may provide for any coordination deductions and limit amounts for persons employed part time to be determined in proportion to the effective level of their activity.


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BENEFITS Art. 17 1.

Summary of the benefits

In applying the present regulations, the Foundation shall provide the following benefits: a. in the event of retirement: 

retirement pensions

Art. 19

pensions for children of the retired person

Art. 22

in the event of disability:

disability pensions

Art. 23

pensions for child of the disabled person

Art. 24

exemption from payment of contributions

Art. 25

b. in the event of death 

pensions for the spouse, partner and live-in companion

Art. 26 - 30

pensions for orphans

Art. 31

death benefit

Art. 32

c. in the event of the termination of the working relationships: 

vested benefits

Art. 40 - 43

2.

Benefits shall be insured in the event of sickness or accident. In the event of accident, Art. 35 and 36 of the present regulations remain reserved.

3.

The right to benefits shall not lapse if the Insured Person has not left the Foundation when the case of benefit occurs.

4.

The right to request restitution shall be limited to one year calculated from the moment the institution became aware of the fact, but at the latest five years after the payment of the benefit. If the right to request restitution arises from a punishable act for which criminal law provides for a longer prescription limit, the latter shall prevail.

5.

If the Foundation is the latest pension institution of the Insured Person and he was not affiliated to the pension institution obliged to provide him with benefits at the moment that the right to the benefit came about, the Foundation shall pay the previous benefit. This benefit shall be limited to the benefit according to the minima defined by the LOB. If it is established that another pension institution has the obligation to pay the benefit, the Foundation shall pass on its claim to the latter institution.

6.

Other benefits may be allocated in conformity with the pension plan.

7.

The pension plan shall define the insured benefits for each affiliated company.

Art. 18 1.

Retirement assets

An individual retirement account shall be kept for each Insured Person in order to finance the retirement benefits. This account shall be opened at the moment when the retirement pension commences according to the pension plan.


PENSION REGULATIONS 2012

2.

3.

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The retirement account is credited with: 

the retirement bonuses

the exit benefits arising from former pension institutions.

the buy-in benefits

lump sum payments following a divorce, subject to acceptance by the Foundation

reimbursements of advance payments for encouragement of home ownership, subject to acceptance by the Foundation

the interest and other assignments.

The retirement account is debited with: 

Payments made following a divorce

Advance payments for encouragement of home ownership.

4.

The annual amount of retirement bonuses to be paid is established in the pension plan; no interest is calculated for the current year.

5.

Interest shall be calculated on the basis of the retirement assets accrued at the end of the previous year and credited to the retirement account and the end of the calendar year.

6.

When a vested benefit or a buy-in is credited/paid within the course of a year, the interest shall be calculated pro rata temporis.

7.

In the event of an accident or if an Insured Person leaves the Foundation during the course of a year, the interest shall be calculated on the basis of the retirement assets accrued at the end of the previous year up to the day of the right to the vested benefit.

8.

The Board of Trustees shall determine the annual rate of interest credited to the retirement assets in compliance with the legal provisions. In principle, this rate shall be at least equal to the minimum interest rate determined by the Federal Council within the scope of the LOB. If, however, the financial equilibrium of the Foundation or the levelling of the reserves required for the operation of the Foundation require it, the Board of Trustees shall be entitled to apply a lower interest rate, but not below 0 %. The legal provisions are reserved

A. Retirement benefits Art. 19

Retirement pension

1.

Unless there are provisions to the contrary appearing in the pension plan, when the Insured Person reaches normal retirement age, a life annuity shall become payable.

2.

The retirement pension shall be calculated by applying the conversion rate determined by the Board of Trustees according to the recommendation of its expert (Attachment 2).

3.

When, at the moment of reaching the age of retirement, an Insured Person is disabled in the sense of the Federal DI, his retirement pension may not be less than the disability pension according to the LOB including the adjustment to the price index.

4.

When an Insured Person ceases all remunerated activity after the age of 58 years, he may request to take advantage of his early retirement benefit or defer the payment of his retirement pension, but at the latest until the normal retirement age. The conversion rate shall be adjusted according to the age reached. He may also request the assignment of his exit benefit according to heading IV of the present regulations. When the pension plan mentioned an age of less than 58 years before 1 January 2006 for Insured Persons who were members of staff on 31 December 2005, the age determined in the plan may be maintained for a maximum period of five years from 1 January 2006. Exceptionally, a retirement age may be less than 58 years at the time of


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restructuring the company or for working relationships where a lower retirement age is envisaged for reasons of public security. The reduction of the retirement pension in the event of early retirement can be made up in full or in part by an additional contribution (lump sum or additional buy-in contributions). If an Insured Person does not retire on the date provided for in line with the buy-in effected, the provisions of article 47 paragraph 10 apply. 5.

The Insured Person benefiting from early retirement may request the payment of an OASI bridging pension. This pension shall be equal to the percentage of the individual maximum OASI bridging pension appearing in the attached table for the normal retirement ages of 65 for men and 64 for women. The bridging pension shall be paid up to the normal retirement age according to Art. 5 of the present regulations. From this age onwards, the retirement pension for life shall be reduced in order to compensate the OASI bridging pension. When the age of normal retirement mentioned in the pension plan is different from the retirement age of 65 years for men and 64 years for women, the table appearing in the attachment may not be used. A table adapted to the retirement age of the pension plan must be requested from the Foundation.

Art. 20

Deferred retirement

1.

When an Insured person pursues his activity beyond the normal retirement age, the insurance of the retirement benefits may be extended until the definite cessation of his remunerated activity, but up to the age of 70 as a maximum.

2.

No risk-related contribution (disability and death) is due in the event of deferred retirement. The other contributions and costs are due until payment of the retirement benefits.

3.

An Insured Person who becomes disabled – in the sense of the present regulations – whereby he has pursued a remunerated activity beyond the normal retirement age, loses any right to disability benefits from the Foundation for the lucrative activity that remains insured, he is only due the retirement benefits still insured.

4.

In the event of death, survivors’ benefits are financed by the retirement assets available and calculated on the basis of the statutory benefits.

5.

The amount of the retirement pension shall be equivalent to the retirement assets accrued, multiplied by the conversion rate set by the Board of Trustee and corresponding to the effective retirement age.

6.

The continuation of the insurance is proportionate to the residual remunerated activity.

Art. 21

Partial retirement

1.

Between the ages of 58 and 70, the Insured Person may take partial retirement, with the agreement of his employer. The retirement pension must amount to at least 30% of his current level of activity, and his remaining level of activity must amount to at least 30%. The retirement pension rate corresponds to the ratio between the reduction of the insured salary and the insured salary before reduction, taking into account the above-mentioned minimum level of activity.

2.

In the event of partial retirement, the retirement capital is divided into two parts in function of the retirement rate: a. For the part corresponding to the retirement rate, the person is considered as a beneficiary of pension; b. For the other part, the person is considered as an Insured Person; in this case the entry threshold and the coordination amount are adjusted in function of the retirement rate.


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3.

The taking of partial retirement is irrevocable and the Insured Person may in no case ask to benefit from an additional partial retirement pension.

4.

If an Insured Person becomes disabled in the sense of the present regulations after having taken early partial retirement, he is entitled to disability benefits from the Foundation, within the limits of the lucrative activity that remains insured.

Art. 22

Pension for the child of a retired person

1.

Beneficiaries of a retirement pension shall have the right to a pension for each child who, on their death, would have the right to an orphan’s pension. With respect to the extension of this right, the provisions of Art. 31 figure 2, para. 2 of the present regulation shall apply by analogy.

2.

The annual amount of the pension for the child of the retired person shall be determined according to the pension plan.

B. Disability benefits Art. 23 1.

Disability pension

Those entitled to disability pensions shall be persons who: a. are disabled at a level of at least 40 % in accordance with the DI, and who were insured when the inability to work, the cause of which is at the origin of the disability, occurred; b. as a result of a congenital illness, were impaired by an incapacity to work of between 20 and 40% at the commencement of the remunerative work, and were insured when the inability to work, whose cause was at the origin of the disablement, occurred, and became worse reaching at least 40%; c. having become disabled before reaching majority (Art. 8, para. 2 of the Federal Law on the General Part of Social Security – FLGS), were affected by an inability to work between 20 and 40% at the beginning of the remunerative work and were insured when the incapacity to work whose cause is at the origin of the disablement became worse and reached at least 40%. In all cases, if the right to disability benefits is based on letters b and c above, these are limited to those defined by the LOB.

2.

There is disability when the Insured Person is disabled in the sense of the Federal Disability Insurance and was affiliated to the Foundation when the inability to work, whose cause is at the origin of the disablement, occurred.

3.

When the decision of the DI is manifestly untenable, the Foundation shall not be bound by the aforesaid decision and may decide to evaluate the disability itself. In addition, in conformity with Art. 52 of the FLGS, the Foundation reserves the possibility of opposing the DI decision.

4.

The proportion of the pensions, depending on the degree of disability recognized by the DI, shall be determined according to Art. 24 of the LOB, i.e. the Insured Person shall be entitled: a. to the entire benefits if his disability is at least 70 %; b. to three quarters of the benefits if his disability is at least 60%; c. to half the benefits if his disability is at least 50%; d. to a quarter of the benefits if his disability is at least 40%.


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5.

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Letter f of the transitory LOB provisions envisaged in the first revision shall be applicable: a. Disability pensions in hand before 1 January 2005 shall be governed by the former legislation. b. Until 31 December 2006, disability pensions shall be based on the former legislation. c. If the degree of disability has lessened at the time of the revision of a current pension, this shall be taken into consideration according to the former legislation.

6.

The right to disability benefits according to the minimum LOB shall arise at the same time as that of the DI benefits, and may be deferred until the cessation of the right to a salary or to indemnities in its place, financed for at least half by the employer and equivalent to at least 80% of the loss of salary. Periods of inability to earn arising from the same case may be accumulated.

7.

If the Insured Person has possessed his full earning capacity for more than a year without interruption before a recurrence (reappearance of a disability coming under the same condition), a new waiting period shall start to run. If the Insured Person has a recurrence before the waiting period of a year and the benefits have already come to an end, these shall be allocated without a new waiting period and the adaptations that have been made in the meantime shall be annulled.

8.

If the agreed waiting period equals 12 months or more and if an indemnity insurance exists, the insured pension shall be paid from the day that the daily allowance expires, at the latest after the expiry of the agreed waiting period.

9.

The right to the pension shall expire upon the disappearance of the disability, when the degree of disability or inability to work becomes less than the minimum degree of 40 %, on the death of the insured person or when the latter reaches the normal retirement age or that determined in the pension plan.

10.

The total amount of the disability pension shall be determined in the pension plan.

11.

In the event of a change in the insurance plan, the new provisions of the insurance plan relative to the disability pension shall only be applicable for cases of disability for which the date of inability to work, at the origin of the disability, is subsequent to the date of the new provisions coming into force.

12.

In the event of expiry of the entitlement to a disability pension due to the disappearance of the disability, the Insured Person is entitled to a vested benefit in the amount of his retirement account constituted, subject to paragraph 13.

13.

The provisions of article 26a LOB concerning the provisional maintenance of the insurance and entitlement to benefits in the event of reduction or discontinuation of the disability insurance pension are taken into consideration.

Art. 24

Pension for the child of a disabled person

1.

The recipient of a disability pension shall have the right to a child’s pension for the child of a disabled person for each child who, on the death of the recipient, would be entitled to an orphan’s pension. For an extension of this right, the provisions of Art. 31, figure 2, para. 2 of the present regulations shall apply by analogy.

2.

The annual amount of the pension for the child of a disabled person shall be determined in the pension plan. In the event of a partial disability, the pension for the child of a disabled person shall be calculated according to the same proportion as the disability pensions (see Art. 23 figures 4 and 5 of the present regulations).


PENSION REGULATIONS 2012

3.

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In the event of a change in the insurance plan, the new provisions of the insurance plan relative to the pension for the child of a disabled person shall only be applicable for cases of disability for which the date of inability to work, at the origin of the disability, is subsequent to the date of the new provisions coming into force.

Art. 25

Exemption from payment of contributions

1.

In the event of disability following illness or an accident, the exemption from payment of the contributions shall take place after a waiting period defined in the pension plan. Periods of inability to work proceeding from the same case may be combined. In the event of recurrences, Art. 23, fig. 7 of the present regulations shall apply by analogy.

2.

Exemption from payment of the contributions shall be granted as long as the disability persists, but at the latest up to the age of normal retirement or upon the death of the Insured Person. The insured salary valid at the start of the incapacity to work serves as the basis for calculating the savings contributions during the period of disability. In the event of partial invalidity, exemption from the payment of the contributions shall be assigned in the same proportion as the disability pensions (cf. Art. 23 fig. 4 and 5 of the present regulations).

3.

When the pension plan specifies the offer of a choice between several contribution plans, the exemption shall refer the contributions of the plan to which the Insured Person was subject at the moment when the disability occurred, unless there are provisions to the contrary in the pension plan.

C. Benefits in the event of death Art. 26

Pension of surviving spouse and registered partnership

If the pension plan envisages the pension for spouse with “LPP cover”, the right shall arise under the following conditions: 1.

When an active, disabled or retired Insured Person dies, the surviving spouse shall have the right to a pension whose amount shall be determined in the pension plan.

2.

The right to the pension shall originate with the death but at the earliest at the moment when the right to a full salary ceases or when the right to a retirement or disability pension expires.

3.

The right expires upon the death of the surviving spouse or in the event of remarriage or commitment in a registered partnership. If the beneficiary of the pension remarries before the age of 45, the right to the pension expires. In this case the surviving spouse receives an allowance corresponding to three times the annual amount of the surviving spouse’s pension, but at a minimum at the level of the accumulated retirement assets.

4.

In the event of a registered partnership, the effects on the entitlement to pension are identical and the surviving registered partner has the same rights as a surviving spouse.

Art. 27

Pension of live-in companion

1.

If it is established that, before reaching normal retirement age, live-in companions have formed a common life similar the state of marriage or registered partnership, the surviving person is entitled to a live-in companion’s pension, subject to the conditions of paragraph 2.

2.

The surviving live-in companion must cumulatively: 

Fulfil in fact the conditions of marriage in the sense of the Civil Code, or respectively the conditions for registration of a partnership in the sense of the law on registered partnerships;


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Receive no survivor’s pension or registered partner or surviving partner pension, or lump sum in place of a survivor’s pension, registered partner or surviving partner pension from any other pension institution;

Have formed an uninterrupted common life with the Insured Person for the 5 last years immediately preceeding the death, or provide for the maintenance of at least one child who was under joint charge.

Furthermore, the Foundation must have received from the Insured Person, during his lifetime, the designation of the partner through a unilateral written declaration with legalised signature or certified as compliant by the Foundation, or it must be clear from an agreement made between the partners if the signature of the Insured Person has been legalised or, after his death, his last wishes, designating his partner as beneficiary. The last wishes must make explicit reference to the occupational pension. 3.

The surviving person must provide the documents needed for the investigations at the latest within three months of the death. He must provide evidence of cohabitation.

4.

All costs and fees shall be at the exclusive charge of the petitioner. Furthermore, the provisions relating to the surviving spouse’s pension are applicable to the pension of a live-in companion, subject to the following points:

5.

A more favourable situation of the surviving live-in companion compared with that of the surviving spouse or registered partner is excluded;

The live-in companion’s pension is not adapted to the evolution of prices;

The right of the live-in companion’s pension expires definitively upon the death of the live-in companion in the event that he/she remarries, founds a relationship as a registered partnership or embarks on a new life as a couple similar to marriage;

The payment of a one-time indemnity as well as the option to resume the live-in companion’s pension are excluded.

The live-in companion’s pension is only insured if the pension plan provides for the insurance of a surviving spouse’s pension.

Art. 28

Amount of the pensions of the surviving spouse

1.

The amount of the pensions of the surviving spouse shall be determined in the pension plan.

2.

The surviving spouse who fulfils the conditions for a spouse’s pension may claim payment of a lump sum benefit. This lump sum benefit corresponds to the capital cover of the spouse’s pension, subject to paragraph 3 and article 39 paragraph 2. The surviving spouse must communicate in writing his/her wish to have the lump sum benefit at the latest three months following the date of death. The form chosen is binding.

3.

When the accumulated retirement assets exceed the cover capital necessary for financing the pension of the surviving spouse, the balance shall be paid in the form of a capital sum to the surviving spouse or the registered partner.

Art. 29

Reduction and termination of the pensions of the surviving spouse

1.

The amount of the pension of the surviving spouse shall be reduced if the age of the spouse is less than that of the Insured, disabled or retired Person by more than 10 years. For complete or part years exceeding the age difference of 10 years, the reduction shall correspond to 1% of the pension amount.

2.

The pension of the surviving spouse shall be reduced if the marriage was concluded after the legal age of retirement. The reduction shall be 20% for every complete or part of a year exceeding this age limit.


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3.

No pension for the surviving spouse shall be due if the Insured Person had reached the legal age of retirement at the moment when the marriage was concluded and he was suffering from a serious illness of which he had knowledge and which had led to death within a period of two years of the date of the marriage.

4.

These restrictions shall not be valid in the event that they lead to benefits that are less than those by virtue of the LOB.

5.

The provisions of paragraphs 1 to 3 apply to registered partners and live-in companions.

Art. 30

Right of the divorced surviving spouse

1.

Within the scope of the minimum legal benefits, the divorced surviving spouse shall, in the event of the death of the former spouse, be assimilated to the surviving spouse, on condition that their marriage had lasted at least ten years and that the spouse had received a pension in pursuance of the divorce judgement.

2.

The surviving spouse shall only have a right to benefits provided that the claims arising from the divorce judgement exceed those of the other insurances, in particular those of the Federal OASI and DI, however up to the limit of the LOB benefits.

3.

The provisions of paragraphs 1 and 2 are applicable to registered partners.

Art. 31

Orphan pensions

1.

Children of an active, disabled or retired deceased Insured Person shall have the right to orphan pensions. Sheltered or recognized children in the sense of the Civil Code shall have the same right.

2.

The right shall originate upon the death of the Insured Person or at the earliest at the moment when the right to a full salary ceases or when the right to a retirement or disability pension expires. The right shall expire upon the death of the orphan, but at the latest at the agreed age in the pension plan. It shall, however, remain up to the age of 25 years in the following cases:

3.



for orphans as long as they are serving an apprenticeship or continuing their studies;



for orphans who are disabled at the level of at least 70 %, until they recover their earning ability, and on condition that the child does not receive any disability pension, from the occupational, accident or military insurance.

The amount of orphan pensions shall be determined in the pension plan.

Art. 32

Death benefits

1.

If an Insured or Disabled Person dies, the Foundation pays out a capital equal to the accumulated old-age benefits less any benefits or pensions already paid and less the current value of the pension of the surviving spouse, registered partner, divorced spouse or partner where the registered partnership has been legally annulled. The death capital is at least equal to 100% of the buy-ins paid to the Foundation, supplemented by the buy-ins confirmed by the former pension institution at the time of admission to the Foundation and those that the Insured Person has asserted or attested at the time of his/her admission.

2.

If specified in the pension plan, an additional capital sum shall be paid in the event of the death of an Insured or Disabled Person

3.

The beneficiaries of the capital sum shall be in the following order, irrespective of the inheritance rights and any testamentary disposition: a. The surviving spouse, registered partner and children of the deceased entitled to an orphan’s pension in accordance with Art. 31, para. 1 and 2 of the present regulation;


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b. failing that, dependents of the deceased or persons who shared his life for an uninterrupted period of not less than five years before his death or must take care of one or more of their common children; c. failing that, the children of the deceased who do not fulfil the conditions of Art. 31, para. 1 and 2 of the present regulations; d. failing that, the father and mother of the deceased; e. failing that, the brothers and sisters of the deceased; f. failing that, other legal heirs, excluding public communities, to the limit of the contributions paid by the Insured Person or of 50% of the retirement assets. No survivors’ benefit shall be due according to letter b, when the beneficiary receives a surviving spouse’s pension. 4.

The capital sum shall be allocated in equal shares between beneficiaries within the same category.

5.

In the absence of the above beneficiaries, the retirement pension shall remain acquired by the Foundation in order to be used for pension purposes.

D. General provisions applying to benefits Art. 33 1.

2.

Guarantee Fund

The Guarantee Fund is a Swiss Foundation whose purpose is: 

to pay subsidies to pension institutions whose age structure is unfavourable;

to guarantee legal benefits due from pension institutions that have become insolvent.

According to Art. 57 LOB, the Foundation shall automatically be affiliated to the Guarantee Fund.

Art. 34

Adaptation to price evolution

1.

Legal minimum survivors’ and disablement pensions, current for more than three years, must be adapted to price evolutions up to the legal age of retirement, in conformity with the prescriptions enacted by the Federal Council. The adaptation is limited to the compulsory part of the pension. It can be compensated in whole or in part by the benefits of the extended part.

2.

Within the financial possibilities of the Foundation, the Board of Trustees shall decide every year whether and to what extent the pensions must be adapted. The annual accounts shall include some comments on this decision.

Art. 35 1.

Relations with other insurances

In the event of an accident according to the Federal law on Accident Insurance (AI) or the Federal law on Military Insurance (MI) before normal retirement age, priority shall be given to the benefits resulting from the aforesaid laws. If these benefits, added to other incomes to be taken into account according to Art. 36, fig. 1 of the present regulations, do not exceed 90% of the earnings of which it can assumed the Insured Person is deprived, the Foundation shall pay the difference, however up to the limits of the benefits according to the LOB. Exemption from payment of the contributions according to Art. 25 of the present regulations, and payment of the death benefits according to Art. 32 of the present regulations remain, however, guaranteed in full.


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2.

This article is not applicable when the pension plan does not provide for coordination.

3.

When, because the insurance case is not entirely covered, the accident or military insurances do not grant the Insured Person the full benefits in case of death or disability, the benefits from the Foundation shall be paid proportionately.

4.

Persons carrying out an independent remunerated activity who do not have accident insurance are considered as having subscribed to an accident insurance in the sense of the AI.

5.

The Foundation shall not compensate the refusal or reduction of the accident insurance or military insurance when these insurances have reduced or refused the benefits, on the basis especially of Arts. 21 FLGS, 37 and 39 AI or 65 and 66 MI.

6.

When the Federal OASI/DI reduces, withdraws or refuses its benefits because the eligible party caused death or disability through a serious misdemeanour or is opposed to a re-adaptation measure of the Federal DI, the Foundation shall reduce its benefits in the same proportion.

Art. 36 1.

Provisions for reduction and coordination

The Foundation shall reduce its benefits in application of Art. 24 OBB2 (Ordinance on the Occupational Old-age, Survivors’ and Disability Benefit Plan), provided that, when added to other incomes to be taken into account, they exceed 90 % of the earnings of which the applicant can presume to be deprived. The following shall be considered as income to be taken into account: 

pensions or benefits in capital sums taken at their value as pensions arising from social insurances or from Swiss and foreign pension institutions, with the exception of allocations for disabled persons, indemnities for bodily harm and all other similar benefits.

income from a remunerated activity carried out by a disabled Insured Person or replacement income, as well as income or replacement income that he could still reasonably achieve. The additional income received during the execution of a new readjustment measure (Art.8a LAI) is not taken into account.

Retirement benefits from Swiss or foreign social and pension institutions if, added to the other income to be taken into account, the total of the benefits exceeds 90% of the annual income of which one might suppose the interested party was deprived immediately before the normal retirement age. The amount must be adapted to the degree of inflation that has occurred between the retirement age and the time of the calculation.

2.

The income of the widow or widower or surviving registered partner and that of the orphan are counted together. If the benefits of the Foundation are reduced, they shall all be in the same proportion.

3.

When a retirement pension follows a disability pension, it shall be considered as a disability pension for the application of the above provisions.

4.

Upon the occurrence of the pension case, the Foundation shall be subrogated, up to the limits of the due legal benefits, to the rights of the Insured Person, his survivors and other beneficiaries mentioned in Art. 32 against all responsible third parties, and may demand a cession of the rights for the share of the benefits ensuing from the pension and exceeding the obligatory amount

5.

Benefits that cannot be paid to eligible parties pursuant to these regulations shall revert to the Foundation and be used for pension purposes.

6.

The beneficiary of benefits is obliged to inform the Foundation of all the income and benefits to be taken into account. The Foundation is entitled to suspend its benefits as long as the information required has not been produced.


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7.

The Foundation can at any time re-examine the conditions and scope of the reduction. The statutory benefits shall be subject to a new calculation if the situation changes to a significant extent.

Art. 37 1.

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Duty to notify and return what is not due

Any fact having an influence on the insurance cover must be immediately notified to the Foundation by the Insured Person or the beneficiary of the pension and his beneficiaries, in particular: 

the case of disability and the modifications of the degree of disability;

the death of an Insured Person or of a beneficiary of pension;

in case of entitlement to the payment of children’s pensions, the birth, recognition, adoption or death of children, as well as the continuation or completion of the professional training of each child aged between 18 and 25;

a change of civil status (marriage or remarriage, divorce, death of spouse);

the amounts and modifications of the benefits of third parties required for the calculation of overcompensation and of the subsidiary benefits of the Foundation;

an incapacity to work in the event of voluntary buy-in, including through reimbursement, leading to an increase in the benefits.

2.

The Foundation may refuse to pay benefits if the Insured Person, the beneficiary of the pension or the beneficiary have not respected their obligations to notify and to transfer the exit benefit when joining the Foundation. The minimum legal benefits remain reserved.

3.

The Foundation may require the production of any original document original attesting entitlement to benefits. If the Insured Person, the beneficiary of pension or the beneficiary does not respect this obligation, the Foundation is entitled to suspend or even discontinue the payment of the benefits.

4.

Benefits received unduly must be returned. Their return cannot be requested when the beneficiary was in good faith and would be placed in a difficult situation. Benefits received unduly can be offset against benefits still due.

Art. 38

Payment of the pensions

As a general rule, pensions payable in accordance with the present regulations shall be paid at the end of each month. They shall be paid in their entirety for the month during which the right expires. Art. 39 1.

Lump sum benefits

Subject to Art. 47 para. 5 of the present regulations, when an Insured Person reaches the normal retirement age or early retirement, he may receive his retirement assets in the form of a lump sum. The Insured Person may also opt for the payment of a share, but at the minimum of a quarter, of his retirement assets in a lump sum, and the balance converted into a pension. In all cases, the retirement assets paid to the Insured Person may not be less than one quarter of the retirement assets according to the minima defined by the LOB.


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For retirement benefits, the active Insured Person must make his wishes known in writing to the Foundation one year before the entitlement arises, and the Insured Person benefiting from a disability pension at least 3 years before the entitlement arises. This declaration shall be irrevocable from the moment when the time limit of 1 year or respectively 3 years, is exceeded. If the Insured Person is married, the payment of all or part of the savings account may not occur except by the written agreement of the spouse. This provision applies to registered partners.

IV

2.

At the request of the beneficiary, the pension of the surviving spouse may be replaced by a death benefit. For surviving spouses who, at the death of the Insured Person, have reached the age of 45, the death benefit shall correspond to the actuarial reserve of the pension it replaces. The same shall apply to surviving spouses of less than 45 years of age. In this event, the capital sum shall be reduced by 3% per whole or fraction of a year less than 45 years. The minimum capital sum granted shall be equal to four annual pensions. If the retirement assets are greater than this amount, they shall be the amount paid. This provision applies to registered partners.

3.

When the entire annual retirement or disability pension is less than 10%, the pension of the surviving spouse less than 6% and the pension for the child less than 2% of the OASI retirement minimum, an equivalent capital sum calculated according to the actuarial rules shall be granted in place of the pension.

4.

A total or part payment in the form of a capital sum shall exclude and terminate, to the due extent, any other benefit.

5.

In the event of death before the normal retirement age, no death capital is paid, with the exception of an additional death capital if specified in the pension plan.

TERMINATION OF WORKING RELATIONSHIPS Art. 40 1.

When an Insured Person leaves the Foundation without receiving retirement, survivors’ or disability benefits from the Foundation, he shall have the right to an exit benefit. This shall be calculated according to the priority system of the contributions.

Art. 41 1.

Right to an exit benefit

Amount of the exit benefit

The exit benefit shall correspond to the highest of the three following amounts: 

total pension assets in accordance with Art. 18 of the present regulations, accumulated at the date of exit;

entry benefits with interest, plus the sum of the personal savings contributions with interest, increased by 4% per year of age following the 20th year, but at the most 100%. The interest rates shall correspond to the minimum rate of interest defined in the LOB. However, as long as a deficit exists, the Board of Trustees may reduce it to the maximum at the rate of interest at which the savings assets are remunerated;

total amount of the retirement assets according to Art. 15 LOB (pilot account).

2.

The exit benefit shall be due when the Insured Person leaves the Pension Foundation.

3.

From that moment on, an interest shall be credited such as specified in Art. 15 of the LOB, subject to the provisions of Art. 52 para.3.

4.

If the Foundation does not transfer the benefit within thirty days after having received all the necessary information for the payment, it shall be required to pay interest in arrears. The latter shall be 1% higher than the minimum interest according to the LOB.


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Art. 42

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Maintenance of the pension

1.

If the Insured Person who has resigned enters a new pension institution, his vested benefit shall be paid to this new institution.

2.

If the Insured Person who has resigned does not enter a new pension institution, he must notify the Foundation under what acceptable form (vested account or policy) he intends to maintain his pension.

3.

Failing notification from the Insured Person, the Foundation shall pay the exit benefit, at the earliest six months, but at the latest two years after the occurrence of the case of vested benefit, including interest, to the auxiliary institution according to Art. 60 LOB.

4.

The provisions of Art. 40 of the present regulations shall be reserved. Art. 43 1.

Payment in cash

Within the limits of Art. 47 para. 5 of the present regulations, the Insured Person who has resigned may request payment of his vested benefit in cash: 

when he leaves Switzerland definitively, within the limits of the agreements on freedom of movement concluded with the European Union, the European Free Exchange Association and Liechtenstein;

when he sets up on his own account and is no longer subject to the obligatory occupational pension

when the amount of the exit benefit is less than the annual amount of his contributions.

2.

If the Insured Person is married, the payment of the exit benefits can only take place with the written consent of his spouse. If it is not possible to obtain the consent or if the spouse refuses without a valid reason, the Insured Person who has resigned may appeal to the court. This provision is applicable to registered partners.

3.

The Foundation is entitled to require all proofs that it deems necessary and defer payment of the exit benefit until these are presented.

Art. 44

Extension of the insurance cover

In the event of the premature termination of the working relationships, Insured Persons shall remain covered for risks of death and disability, without a corresponding premium being collected, up to the moment when they enter the service of a new employer, however at a maximum within a month following the termination of the working relationships. Exit benefits already granted shall be taken into account for any benefits arising from this extension of the insurance cover.

V

CONTRIBUTIONS Art. 45

Obligation to pay the contributions

1.

The obligation to pay the contributions shall commence at the moment of admission to the pension fund.

2.

The obligation to pay the contributions shall expire upon the death of the Insured Person, upon reaching normal retirement age, upon premature exit from the pension fund in the event of the termination of the working relationships or when the minimum salary or the amount determined in the pension plan is no longer attained. Cases of exemption from payment of the contributions following the inability to earn, as well as the continuation of activity after normal retirement age, remain reserved.


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3.

The contributions of Insured Persons shall be deducted by the employer from the salary or from the allowance for loss of salary. The employer shall then pay them monthly to the pension fund together with his own contributions.

4.

The employer shall finance his contributions through his own means or with the assistance of contribution reserves accumulated beforehand for this purpose and recorded separately. The Board of Trustees shall determine the rate of interest for remunerating the contribution reserves. This rate may not be higher than that which globally remunerates the retirement assets of the Insured Persons.

Art. 46 1.

Amount of the contributions

The annual contributions to the Foundation shall be determined as follows: 

for savings: according to the pension plan;

for risk insurance: recalculated annually. The Foundation is entitled to determine the contribution for risk insurance as a % of the insured salary;

for the Guarantee Fund: recalculated annually on the basis of the legal provisions;

for adjustment of survivors’ and disability pensions to inflation: in function of the Foundation’s rates in force at the effective date;

for administrative expenses: in function of the Foundation’s rates in force at the effective date.

2.

The apportionment of the contributions between the employer and the Insured Persons shall be stated in the pension plan. The sum of the employer’s contributions must be at least equal to the sum of the contributions of all the Insured Persons.

3.

The pension plan may specify the offer of a choice between a maximum of three different contribution plans. Insured Persons may choose, for the 1st of a month, the plan to which they wish to be subject during the following month. The choice must reach the Foundation, through the employer, at least two weeks before the change of plan. The Insured Person may change the plan twice a year at the most. A change of plan during the course of a year shall require the consent of the employer. Newly Insured Persons shall indicate to the Foundation, at the moment of affiliation and through the intermediary of their employer, the plan to which they wish to be subject. Failing this they shall be subject to the pension plan with the lowest contributions. The Insured Person shall remain subject to the same contribution plan as long as he does not express his desire for a change. The sum of the shares that represent the salary in percentage, the total contributions of the employer and those of the Insured Persons in the plan with the lowest contributions must reach at least two thirds of the sum that they represent in the plan with the highest contributions. The amount of the contributions by the employer shall be the same in each contribution plan.

4.

As long as the Foundation’s degree of cover is less than 100% and for lack of other adequate measures, the Board of Trustees, having sought the advice of the qualified expert and the agreement of the surveillance authority, may decide upon a special contribution to be borne by the Insured Persons and the employer in the same proportion as the basic contribution, which shall not be assigned to the individual retirement accounts but used solely for the stabilisation of the Foundation’s accounts, after requesting the opinion of the approved expert and the agreement of the surveillance authority.


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Art. 47

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Buy-ins

1.

Persons newly insured must bring to the Foundation all the exit benefits of their previous pension institutions. It is possible to make payments, called buy-ins, either by the Insured Person or by the employer, up to the level of the maximum benefits. A buy-in is possible up to normal retirement age, but up to the age of 70 at the latest, paragraph 9 excepted.

2.

The whole of the buy-ins shall be allocated to improving the retirement benefits in the form of additional retirement bonuses. When a buy-in is effected in the course of a year, the interest is calculated pro rata temporis.

3.

Buy-ins may be made up to the level of the statutory benefits. The maximum buy-in shall be calculated in such a way that the retirement benefits do not exceed those that the Insured Person would have obtained if he had contributed from the earliest age specified by the pension plan for retirement bonuses. Bonuses taken into consideration in this calculation shall be determined by the pension plan. If the latter offers the choice between several contribution plans, the bonuses shall be determined by the plan to which the Insured Person is subject at the moment of the buy-in. Interest of 2% is taken into account in the calculation of the maximum retirement capital, subject to a provision to the contrary in the pension plan. The amount of the buy-in shall be reduced by: 

amounts of the Insured Person’s pillar 3a that exceed the maximum sum of the annual contributions deductible from income after 24 whole years according to the Ordinance on the Allowable Fiscal Deductions of Contributions to Recognised Pension Plans (OBB3), this sum being credited with interest on the basis of the minimum LOB interest rate then in force, in conformity with the table established by the Federal Office for Social Security (FOSS);

vested benefits that should not to be transferred to the Foundation by virtue of the Federal Law on Vested Benefit in Occupational Old-age, Survivors’ and Disability Benefit Plan (FLV).

4.

The sum of the annual buy-in, for Insured Persons who come from abroad and have never been affiliated to a pension institution in Switzerland, must not exceed, for the five years following their entry into the Swiss pension institution, 20% of the insured salary according to Art. 13 of the present regulations. After the expiry of this deadline, the Insured Person may carry out buy-ins in conformity with paras. 2 and 3 above.

5.

Benefits resulting from a buy-in carried out after 1st January 2006 may not be paid in the form of a capital sum before the expiry of a period of three years.

6.

When the Insured Person has carried out a buy-in after 31.12.2006 and less than three years before normal retirement age (Art. 5 of the present regulations), the benefits resulting from a buy-in shall be paid in the form of annuities.

7.

When some advance payments have been granted in order to encourage home ownership, buyins may only be carried out when the advance payments have been reimbursed. Nevertheless, three years before the age permitting the right to a retirement pension, the Insured Person shall again have the possibility of carrying out buy-ins. In this situation, the amount of the buy-in shall be reduced by the amounts utilised within the context of the encouragement of home ownership.

8.

Buy-ins carried out in the case of divorce or legal dissolution of a registered partnership by virtue of Art. 22c FLV, shall not be subject to limitation.

9.

When the Insured Person has fully bought in the statutory benefits, he may carry out buy-ins designed to compensate, totally or partially, the reductions due in anticipation of the retirement assets, and thus before normal retirement age.

10.

If, after opting for early retirement, the Insured Person renounces it, the funding of the retirement capital is determined on actuarial bases in such a way that the benefits paid out do not exceed by more than 5 % the legal maximum objective of 85% of the last salary converted to an activity rate of 100%, including the benefits of the first pillar.


PENSION REGULATIONS 2012

26 / 31

The reduction is applied in the following order: a. reduction, respectively suspension of the savings contributions of the Insured Person; b. reduction, respectively suspension of the savings contributions of the employer; c. reduction, respectively suspension of the interest. 11.

VI

It is the responsibility of the Insured Person to verify beforehand the deductibility of his personal buy-in. In no case does the Foundation guarantee the tax deductibility of buy-ins.

ORGANISATION OF THE FOUNDATION, AND CONTROL Art. 48

Organs of the Foundation

1.

The organs of the Foundation shall be the Delegates Assembly, the Board of Trustees and the Management Committee.

2.

The organisation regulations shall define the provisions applicable to the Board of Trustees, the Delegate Assembly and the Management Committee.

Art. 49

Auditing body

1.

The Board designates an auditing body that fulfils the requirements specified by the law on occupational pensions. The mandate is renewable.

2.

The auditing body verifies each year whether the annual accounts, retirement accounts, the organisation, management and investments are in compliance with the legal and statutory regulations in force. In addition it carries out the other tasks assigned to it by law, and prepares a report on its operations and findings.

Art. 50

Expert on occupational pensions

The Board of Trustees of the Foundation shall appoint an approved expert on occupational pensions who shall determine on a periodic basis whether the Foundation provides the guarantee at all times that it can meet its commitments and whether the regulatory provisions of an actuarial nature and relating to the benefits and financing are in compliance with the legal requirements. In addition, he carries out other tasks assigned to him by law.

VII

FINAL PROVISIONS Art. 51 1.

Liquidation

In order to meet the requirements specified by the legislation on occupational pensions, the pension institution shall draw up an additional regulation in order to define and determine the procedure to be applied in the event of partial liquidation. This regulation must define in particular the right to uncommitted funds and the collective right to the provisions and fluctuation reserves.


PENSION REGULATIONS 2012

Art. 52

27 / 31

Stabilisation measures

1.

In the event of a technical deficit, the Board of Trustees may decide, in following the recommendations of the expert, to apply stabilisation measures for as long as the deficit lasts.

2.

The Board of Trustees shall have the possibility of limiting in time, reducing or refusing pledging, payment in advance and reimbursement. The limitation or refusal of payment shall only be possible during the period of deficit. The Foundation shall inform the insured person undergoing a limitation or refusal of the payment, as to the extent and duration of the measure.

3.

If the measures decided according to paras. 1 and 2 are insufficient, the Board of Trustees may decide to apply the following exceptional additional measures; 

imposition upon the employer and the insured person of stabilisation contributions intended to absorb the deficit. These contributions shall be borne by the employer and the Insured Person in the same proportions as the basic contributions;

imposition upon the beneficiaries of pensions of a contribution, intended to absorb the deficit, on benefits in excess of the LOB. This contribution shall be deducted from the current pensions. It may only be imposed on the part of the current pension which, during the ten years preceding the introduction of this measure, resulted from increases that were not stipulated in the legal or statutory provisions. It may not be deducted from the insurance benefits in the event of obligatory retirement, disability and death. The amount of the pensions prescribed at the time of the origin of the right shall always be guaranteed;

a remuneration of less than the minimum legal rate on the LOB retirement assets, the reduction being 0.5% at the most.

Art. 53

Encouragement of home ownership

1.

The Insured Person may, at the latest 3 years before the age permitting the right to retirement benefits, pledge the right to insurance benefits or an amount up to the limit of his vested benefit or assert the right to the payment of an amount for the ownership of housing for his own needs or the acquisition of shares in a building and housing cooperative if the housing will be for his personal use.

2.

For Insured Persons who are less than 50 years of age, the amount employed for the pledging or the payment in advance shall, except for the acquisition of shares in the cooperative, be at the minimum of CHF 20,000.-- and at the maximum equal to the vested benefit, subject to the reserve of Art. 47 para.5 of the present regulations.

3.

For Insured Persons of more than 50 years of age, it shall be at a minimum of CHF 20,000.—and at a maximum equal to the vested benefit acquired at the age of 50 or at 50% of that acquired at the moment of the payment, under the reserve of Art. 47 para. 5 of the present regulations.

4.

The Insured Person who intends to avail himself of these possibilities must send a written request to the administration of the Foundation, which shall then supply him with all useful information. If the Insured Person is married, the request must also be signed by the spouse. This provision is applicable to registered partners.

5.

In the event of an advance payment, benefits shall be reduced according to the terms and conditions determined by the administration of the Foundation and communicated to the Insured Person.

6.

The Foundation may charge costs for handling the dossiers and the lodging of the shares in the building and housing cooperative. The costs shall be determined by the Board of Trustees.


PENSION REGULATIONS 2012

Art. 54

28 / 31

Assignment and pledging

Subject to the provisions relative to home ownership, the right to the benefits may be neither assigned nor pledged as long as these are not due for payment. Art. 55

Compensation

Benefits from the Foundation may only be compensated by claims assigned by the employer to the Foundation if these claims are intended as contributions not deducted from the salary of the Insured Person. Art. 56

Divorce or legal dissolution of a registered partnership

1.

In the event of divorce, vested benefits acquired during the marriage shall be shared in conformity with Art. 122, 123, 141 and 142 of the Civil Code. The judge shall officially notify the Foundation of the amount to transfer and provide it with the necessary instructions for maintaining the insurance.

2.

The exit benefit to be shared shall correspond to the difference between the vested benefit, increased by the exit benefit assets possibly existing at the moment of the divorce, and the exit benefit, augmented by the vested benefit assets, if any, existing at the moment when the marriage was concluded. For this calculation, the interest due at the moment of the divorce shall be added to the exit benefit and vested benefit assets existing at the moment of concluding the marriage. Payments in cash carried out during the marriage shall not be taken into account.

3.

If a part of the exit benefit of the Insured Person is transferred in application of para. 1, the vested benefit assets of the Insured Person at the time of the divorce shall be reduced by the amount assigned to the ex-spouse. The Foundation must grant the Insured Person the possibility of repurchasing the transferred exit benefit. The provisions upon affiliation to a new pension institution shall apply.

4.

The provisions of paragraphs 1 to 3 apply to registered partners.

Art. 57

Utilisation of surpluses and profits

Surpluses achieved by the Foundation shall be assigned to the various pension funds according to the decision of the Board of Trustees. Art. 58

Transfer of pensioners

In the event of cancellation, the Foundation shall transfer the pensioners to the new pension institution. The Foundation shall not accept the transfer of pensioners from the previous pension institution. Upon request and after consideration, however, the Foundation may decide to accept the transfer of the pensioners. If such is the case, the Foundation shall confirm its decision to the Member in writing. Art. 59

Place of execution

The domicile for payment of benefits by the Foundation shall be a postal or bank account. If the domicile is abroad, in a country that is not a member of the European Union or EFTA, the Foundation can deduct the costs of payment from the benefit paid.


PENSION REGULATIONS 2012

Art. 60

29 / 31

Obligation of discretion – Management and protection of data

1.

The members of the Board of Trustees and all persons forming part of the administration, control or surveillance of the Foundation are subject to the duty of discretion concerning the personal and financial situations of the Insured Persons and the employers. Exceptions shall be governed by the orders and directives of the Federal Council.

2.

The Foundation shall be entitled to transfer the data of the Insured Persons to the life insurance company(ies) concerned as reinsurer(s) of the risk benefits.

3.

The Foundation shall take the necessary measures to ensure the strict confidentiality of the data.

Art. 61

Place of jurisdiction

The place of jurisdiction shall be the Swiss head office of the defendant or the place where the Insured Person’s employer is established. Art. 62

Adaptations of the regulations

The Board of Trustees may adapt these regulations at any time, while respecting the rights acquired. The regulations must be in conformity with the legal requirements. The surveillance authority shall verify the conformity of the regulatory provisions with the legal requirements. Art. 63 1.

Deficiencies in the regulations

All cases not specified by the regulations shall be decided by the Board of Trustees, which shall take its decisions in respect of the spirit of the founding act and the regulations of the Foundation, as well as of the legal requirements relating to occupational, survivors’ and disability pensions.

Art. 64

Versions

1.

The present regulations are drawn up in French; they may be translated into other languages.

2.

In the event of a discrepancy between the French version and the translation in other languages, the French version is binding.

Art. 65

Entry into force

The present regulations were adopted in the meeting of the Board of Trustees of 22 May 2012. and came into force on 1 January 2012. The latest modifications (art. 27 para 2, 32 para 1 and 47 para 3) were accepted by the Board of Trustees on 18 March 2014, and come into force as of 1 January 2014.

On behalf of the Board of Trustees

Chairwoman

Carouge, 18 March 2014

Deputy Chairman


PENSION REGULATIONS 2012

30 / 31

ATTACHMENT AVS-BRIDGE

1

(updated as at 1.1.2014, technical interest rate at 2.5%)

Retirement age according to Art. 5 of the present regulations: 65 years for men and 64 years for women Men

Femmes

Age of early

% of additional

Pension reduction Age of early

% of additional

Pension reduction

retirement

AVS

from 65 years

retirement

AVS

from 65 years

58

65.66%

34.34%

58

72.08%

27.92%

59

69.36%

30.64%

59

75.85%

24.15%

60

73.39%

26.61%

60

79.92%

20.08%

61

77.77%

22.23%

61

84.33%

15.67%

62

82.57%

17.43%

62

89.11%

10.89%

63

87.83%

12.17%

63

94.32%

5.68%

64

93.61%

6.39%

For example, for a man who takes an AVS bridge at age 63 in 2014, the amount of the bridge would be 87.83% x 28,080 = 24,663 and the reduction of the pension from age 65 would be 12.17% x 28,080 = 3,417.


PENSION REGULATIONS 2012

31 / 31

ATTACHMENT CONVERSION RATES

2

For pension plans where the pension of the surviving spouse is equal to 60% of the retirement pension, the conversion rates used for converting retirement assets into pensions at ordinary retirement age are as follows: From 2010 to 2013 Age

Men

Women

58

5.75%

5.95%

59

5.85%

6.10%

60

5.95%

6.20%

61

6.10%

6.35%

62

6.20%

6.55%

63

6.50%

6.80%

64

6.75%

7.00%

65

7.00%

7.20%

66

7.10%

7.35%

67

7.25%

7.55%

68

7.35%

7.75%

69

7.50%

7.90%

70

7.60%

8.10%

Age

Men

Women

58

5.40%

5.65%

59

5.50%

5.75%

60

5.65%

5.85%

61

5.75%

6.10%

62

6.00%

6.35%

63

6.30%

6.55%

64

6.55%

6.80%

65

6.80%

6.95%

66

6.90%

7.10%

67

7.00%

7.30%

68

7.10%

7.45%

69

7.15%

7.60%

70

7.25%

7.75%

From 2014

Reg3-03 - Pension regulation - 03/2014  
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